The defendant is charged [in count
___] with disclosure of a bid or proposal. The statute defining this offense
reads in pertinent part as follows:

unless otherwise required by law,
the prices quoted in a (bid / proposal) for any contract to be awarded by any
(commission, agency or department / political subdivision) of the state shall
not be disclosed by the (bidder / offeror) prior to the (opening of a bid / the
award of a proposal), directly or indirectly to any (other bidder / other
offeror / competitor).

For you to find the defendant guilty
of this charge, the state must prove the following elements beyond a reasonable
doubt:

Element 1 - Bidder/OfferorThe first element is that the
defendant was a[n] (bidder / offeror) for a contract to be awarded by any
(commission, agency or department of the state / political subdivision) of the
state. <Insert the applicable definitions:>

"Bidder" means a
person, firm or corporation submitting a competitive bid in response to a
solicitation.1

"Offeror" means a
person, firm or corporation submitting a proposal in response to a request for
proposals.2

A "commission,
agency or department of the state" includes any commission, agency, department,
officer, board, council, institution or other agency of the state government.3

A "political
subdivision of the state" means any city, town, borough, municipal corporation,
school district, regional district or other district or other political
subdivision of this state.4

A ("bid" / "proposal") means the
submission of prices by persons, firms or corporations competing for a contract
to provide buildings, facilities, supplies, materials, equipment, contractual
services or any other facilities, goods or services.5

Element 2 - Disclosed pricesThe second element is that the
defendant, either directly or indirectly, disclosed the prices quoted in
(his/her) (bid / proposal) to another (bidder / offeror / competitor) for the
contract.

Element 3 - Prior to awardThe third element is that the
disclosure was made prior to the (opening of the bid / the award of the
proposal) by the commission, agency or department. <Insert the applicable
definitions:>

"Opening" means the
public opening of a bid at the time stated in the notice soliciting such bid.6

"Awarding" means
the decision by the (commission, agency or department of the state / political
subdivision) to offer a contract to a[n] (bidder / offeror).

Element 4 - Intent to discloseThe fourth element is that the
defendant intended to make the disclosure to another (bidder / offeror /
competitor). The state need only prove that the defendant intentionally and not
inadvertently or accidentally engaged in (his/her) actions, i.e., to make the
disclosure. It does not matter what the result of the disclosure was. A person
acts "intentionally"
with respect to a result when (his/her) conscious objective is to cause such
result. <See
Intent: Specific, Instruction 2.3-1.>

Conclusion

In summary, the state must prove
beyond a reasonable doubt that 1) the defendant was a[n] (bidder / offeror) for
a contract to be awarded by any (commission, agency or department of the state /
political subdivision) of the state, 2) the defendant, either directly or
indirectly, disclosed the prices quoted in (his/her) (bid / proposal) to another
(bidder / offeror / competitor) for the contract, 3) the disclosure was made
prior to the (opening of the bid / the award of the proposal) by the (commission
/ agency / department), and 4) the defendant intended to make the disclosure to
another (bidder / offeror / competitor).

If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of the crime of
disclosure of a bid, then you shall find the defendant guilty. On the other
hand, if you unanimously find that the state has failed to prove beyond a
reasonable doubt any of the elements, you shall then find the defendant not
guilty.
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